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(영문) 서울북부지방법원 2015.09.15 2014가단116339
손해배상청구 및 대여금반환청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's ground of claim and the defendant's defense

A. The Plaintiff asserted by the parties, around January 2008, agreed that if the deceased constructed multi-household housing with the deceased (hereinafter “the deceased”), the deceased would purchase nine households among them, and paid the deceased a total of KRW 570 million and additional expenses. Around July 2008, the Plaintiff lent KRW 300 million to the deceased.

However, the Deceased sold only six houses to the Plaintiff and died without paying the borrowed amount of KRW 300 million.

Accordingly, the Plaintiff seeks payment of damages of KRW 200 million equivalent to the value of three household units of housing and KRW 30 million, which is part of the total amount of KRW 500 million from the above borrowed money, to the Defendants, the inheritor of the deceased, according to their respective inheritance shares.

On this issue, the defendants asserted that since the report on waiver of inherited property was accepted, the plaintiff's above claim cannot be complied with.

B. The facts that the deceased died on January 29, 2013, Defendant B, Defendant D, and C, the deceased’s inheritor, filed a declaration of renunciation of inheritance on April 5, 2013 with the Daejeon Family Court’s Support 2013-Ma317, and that the said declaration was accepted on May 24, 2013 do not conflict between the parties.

According to the above facts of recognition, even if the plaintiff has claims for damages and loans against the deceased, as alleged by the plaintiff, the defendants did not inherit the deceased's above obligations, and thus do not bear each of the above obligations against the plaintiff.

Therefore, the defendants' defense is justified.

2. Judgment on the plaintiff's second defense

A. The Plaintiff’s assertion that the deceased leased the Seocho-gu Seoul Seocho-gu Ftel (hereinafter “instant building”) before the birth. The Defendants were returned the lease deposit from the lessor after the deceased’s death, and thus, the Defendants should be deemed to have granted simple approval pursuant to Article 1026 subparag. 1 or subparag. 3 of the Civil Act.

B. Determination of the Civil Code

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